View source for RIS 2005-11, Requirements for Power Reactor Licensees in Possession of Devices Subject to the General License Requirements of 10 CFR 31.5

{{Adams
| number = ML051290143
| issue date = 07/11/2005
| title = Requirements for Power Reactor Licensees in Possession of Devices Subject to the General License Requirements of 10 CFR 31.5
| author name = Hiland P, Miller C
| author affiliation = NRC/NMSS/IMNS, NRC/NRR/DIPM/IROB
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = Kirkwood A
| document report number = RIS-05-011
| document type = NRC Regulatory Issue Summary
| page count = 5
}}
{{#Wiki_filter:UNITED STATES
                              NUCLEAR REGULATORY COMMISSION
                   OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
                          OFFICE OF NUCLEAR REACTOR REGULATION
                                  WASHINGTON, DC 20555-0001 July 11, 2005 NRC REGULATORY ISSUE SUMMARY 2005-11 REQUIREMENTS FOR POWER REACTOR LICENSEES IN
    POSSESSION OF DEVICES SUBJECT TO THE GENERAL LICENSE
                             REQUIREMENTS OF 10 CFR 31.5 

==ADDRESSEES==
All holders of operating licenses for nuclear power reactors and generally licensed device vendors.

==INTENT==
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to remind and/or inform addressees of the requirements for the receipt, possession, use, and transfer of generally licensed devices as described in 10 CFR 31.5 and 10 CFR 32.52. No specific action nor written response is required.

==BACKGROUND==
During a recent NRC radiation safety inspection at a commercial nuclear power plant, it was discovered that generally licensed devices used in the operation of the plant, as required by 10
CFR 73.55, were not being maintained in accordance with the requirements in 10 CFR 31.5.

The licensee incorrectly assumed that these devices were not under the jurisdiction of NRC,
and therefore did not include them in its radiation protection program required by its 10 CFR
Part 50 license. Additionally, the licensee failed to include the devices in any program that would ensure they were maintained in accordance with regulatory requirements. Since the devices at issue are possessed and used as part of the operation of a production or utilization facility (i.e., the nuclear power plant), to comply with NRC requirements in 10 CFR 73.55, the NRC has exclusive jurisdiction over the byproduct material contained in these devices.

Accordingly, a violation of NRC requirements was identified in the above-mentioned inspection.

==SUMMARY OF ISSUE==
All Part 50 licensees are required to comply with the regulations in 10 CFR 31.5, if they possess and use byproduct material contained in devices subject to general licenses to support the operation of their facilities.

Section 31.5 contains the regulatory requirements for issuing a general license to commercial and industrial firms to acquire, receive, possess, use, or transfer in accordance with the provisions in paragraphs (b), (c), and (d) of this section byproduct material contained in certain measuring, detecting, and gauging devices. Some key examples of these requirements are stated, in part, below:
        Section 31.5(c)(1) requires assuring that labels are affixed at the time of receipt and bear statements that removals of such labels are prohibited;
        Section 31.5(c)(2) requires assuring the devices are tested for leakage of radioactive material and proper operation of the on-off mechanisms and indicators, if any, at no longer than 6 month intervals, or at such other intervals as specified on the labels;
        Section 31.5(c)(4) requires maintaining records showing compliance with testing requirements;
        Section 31.5(c)(12) requires appointment of an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to ensure the day-to-day compliance with appropriate regulations.

Commercial power reactor licensees are hereby informed that generally licensed devices used to support reactor operations are under exclusive Federal jurisdiction and are subject to NRC
inspections. Vendors are hereby informed that generally licensed devices transferred to power reactor licensees need to be reported in their NRC quarterly reports in accordance with 10 CFR
32.52.

FEDERAL REGISTER NOTICE
A notice of opportunity for public comment was not published in the Federal Register because this RIS provides information that does not represent a departure from current regulatory requirements.

SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT
NRC has determined that this action is not subject to the Small Business Regulatory Enforcement Fairness Act of 1996.

===PAPERWORK REDUCTION ACT STATEMENT===
This RIS does not request any information collection and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

==BACKFIT DISCUSSION==
This RIS requires no specific action nor written response.

==CONTACT==
Please direct any questions about this matter to the technical contact(s) or the Lead Project Manager listed below, or to the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

/RA/                                                       /Original Signed by Patricia K. Holahan/
Patrick L. Hiland, Chief                                   Charles L. Miller, Director Reactor Operations Branch                                  Division of Industrial and Division of Inspection Program Management                   Medical Nuclear Safety Office of Nuclear Reactor Regulation                       Office of Nuclear Material Safety and Safeguards Technical Contacts: Stephen P. Klementowicz, NRR           Anthony S. Kirkwood, NMSS
                       (301) 415-1084                      (301) 415-6140
                       E-mail: sxk@nrc.gov                 E-mail: ask@nrc.gov Attachment: List of Recently Issued NMSS Generic Communications Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

===PAPERWORK REDUCTION ACT STATEMENT===
This RIS does not request any information collection and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

==BACKFIT DISCUSSION==
This RIS requires no specific action nor written response.

==CONTACT==
Please direct any questions about this matter to the technical contact(s) or the Lead Project Manager listed below, or to the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

/RA/                                                         /Original Signed by Patricia K. Holahan/
Patrick L. Hiland, Chief                                     Charles L. Miller, Director Reactor Operations Branch                                    Division of Industrial and Division of Inspection Program Management                      Medical Nuclear Safety Office of Nuclear Reactor Regulation                         Office of Nuclear Material Safety and Safeguards Technical Contacts: Stephen P. Klementowicz, NRR             Anthony S. Kirkwood, NMSS
                       (301) 415-1084                        (301) 415-6140
                       E-mail: sxk@nrc.gov                   E-mail: ask@nrc.gov Attachment: List of Recently Issued NMSS Generic Communications Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

DISTRIBUTION:          IMNS/ R/F              OES R/F
ML051290143                                          *See previous concurrence OFFICE MSIB*             NMSS*              IMNS Gen. Coord. MSIB*                  IMNS*
NAME AKirkwood           EKraus             ICabrera               THarris          RCorreia DATE       5/9/05        5/11/05              7/05/05              5/19/05          5/25/05 OFFICE IMNS*             OSTP*              OGC*                   NRR*             NRR*
NAME JHickey             PLohaus            STreby/NLO             SKlementowicz TQuay DATE       5/23/05       6/02/05             6/23/05               5/31/05          5/31/05 OFFICE IMNS              NRR                NRR                    NRR
NAME CMiller             AWMarkley          EJBenner               PLHiland DATE       07/06/05      7/08/05            7/08/05                7/11/05 OFFICIAL RECORD COPY

Attachment Recently Issued NMSS Generic Communications Date         GC No.                Subject                          

==Addressees==
06/10/05      RIS-05-10    Performance-Based             All industrial radiography Approach for Associated       licensees and manufacturers and Equipment in 10 CFR 34.20     distributors of industrial radiography equipment.

04/18/05     RIS-05-06    Reporting Requirements for    All material licensees possessing Gauges Damaged at             portable gauges, regulated under Temporary Job Sites           10 CFR Part 30.

04/14/05     RIS-05-04    Guidance on the Protection    All holders of operating licenses of Unattended Openings        or construction permits for nuclear that Intersect a Security     power reactors, research and test Boundary or Area              reactors, decommissioning reactors with fuel on site, Category 1 fuel cycle facilities, critical mass facilities, uranium conversion facility, independent spent fuel storage installations, gaseous diffusion plants, and certain other material licensees.

6/23/05      IN-05-17    Manual Brachytherapy          All medical licensees authorized Source Jamming                to possess a Mick applicator.

05/17/05     IN-05-013    Potential Non-conservative    All licensees using the Keno-V.a Error in Modeling             criticality code module in Geometric Regions in the      Standardized Computer Analyses Keno-v.a Criticality Code     for Licensing Evaluation (SCALE)
                                                           software developed by Oak Ridge National Laboratory (ORNL)
   05/17/05     IN-05-012    Excessively Large Criticality All licensees authorized to Safety Limits Fail to         possess a critical mass of special Provide Double                nuclear material.

Contingency at Fuel Cycle Facility
   04/07/05     IN-05-010    Changes to 10 CFR Part 71     All 10 CFR Part 71 licensees and Packages                      certificate holders.

Note: NRC generic communications may be found on the NRC public website, http://www.nrc.gov, under Electronic Reading Room/Document Collections.
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